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Home My WebLink Aboutresolution.apz.038-04RESOLUTION NO. 38 (SERIES OF 2004) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO SECTIONS 26.415.050 RESCINDING DESIGNATION, 26.415.110 BENEFITS, 26.415.070.B.4 CERTIFICATE OF NO NEGATIVE EFFECT, 26.415.060 EFFECT OF DESIGNATION, 26.420.020 FINANCIAL BENEFITS, AND 26.420.020.C.3 TECHNICAL ASSISTANCE WHEREAS, the Community Development Department has proposed code amendments to clarify existing language in the historic preservation ordinance and benefits package; and WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to the Land Use Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments, as described herein, on November 16, 2004, took and considered public testimony and the recommendation of the Planning Director and recommended, by a five to zero (5-0) vote, City Council adopt the proposed amendments to the Land Use Code, as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.050 Rescinding designation. A. Application and review. An application for the removal of a property from the Aspen Inventory of Historic Landmark Sites and Structures shall follow the same submission requirements and review procedures as for designation described in this chapter except that with respect to section 26.415.030(C)(4) an explanation shall be provided describing why the property no longer meets the criteria for designation. The HPC and City Council shall detelmine if sufficient evidence exists that the property no longer meets the criteria for designation and, if so, shall remove the property from the Inventory. A parcel created through a Historic Landmark Lot Split cannot be de-listed unless there is a finding that Planning and Zoning Commission Resolution No. ,7~, Series of 2004 Page 1 the resource which originally caused the site to be landmarked meets the criteria for removal from the Historic Inventory. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.060.C. Special consideration. 1. To preserve and maintain the historic and architectural character of designated properties, the HPC or City Council may approve variations from the dimensional requirements set forth in the Land Use Code and may make recommendations to the Chief Building Official who has the authority to grant certain exceptions from the International Building Code (IBC) through the provisions of the International Existing Building Code (IEBC). These modifications may not change the applicable safety and permit requirements and must also follow the procedures provided for modifications set forth in the iEBC. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.070.B.4. The following work shall be considered for a Certificate of No Negative Effect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building or structure. b. Replacement or repair of architectural features that restores the building or structure to its historic appearance. c. Installation of awnings, or similar attachments provided no significant feature is damaged, removed or obscured by the installation. d. Fencing that has no adverse effect on the historic or architectural character of the property. e. Mechanical equipment or accessory features that have no impact on the character- defining features of the building or structure. I: Signs which have no effect on the character-defining features of the historic property. g. Alterations to noncontributing buildings within historic districts that have no adverse effect on its historic or architectural character. h. Alterations to no more than two (2) elements of non-primary facades of a designated building. i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or similar significant features. Planning and Zoning Commission Resolution No. ~B, Series of 2004 Page 2 Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.110 Benefits. The City of Aspen is committed to providing support to property owners to assist their efforts to maintain, preserve and enhance their historic properties. Recognizing that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated historic properties and districts. A complete list of benefits available to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may be found in Chapter 26.420. A. Historic landmark lot split. This provision provides an exemption from the Subdivision and Growth Management Quota System, pursuant to sections 26.480.030 and 26.470.070, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. All parcels created through a Historic Landmark Lot Split shall retain designation on the Aspen Inventory of Historic Sites and Structures. Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.420.020 Benefits. A. Financial benefits. 1. Rehabilitation loan fund. City Council may approve a zero interest loan in an amount up to $25,000 for any property that is in violation of section 26.415.100 of the Land Use Code, "Demolition by Neglect," or to fund other rehabilitation work which is considered necessary for the preservation or restoration of a designated structure. To be eligible for this benefit a property owner shall show evidence of financial need. These one-time loans shall be repaid at the time of transfer-of-title or by the end of ten (10) years, whichever comes first. 2. Conservation easement program. The city may accept a "Conservation Easement" from a property owner who wishes to forgo any of the allowed square footage on their property in exchange for a federal tax deduction. A deed restriction shall be filed on the site to show that future development is limited. The five hundred (500) square foot floor area bonus provided in section 26.415.120(E) of the Land Use Code cannot be donated as a conservation easement. 3. City-owned building rehabilitation fund. The city shall give priority in the Asset Management Plan to budgeting the funds necessary to adequately maintain, rehabilitate or restore city-owned designated properties. Planning and Zoning Commission Resolution No. ~, Series of 2004 Page 3 4. Transferable Development Rights. Per Section 26.535 of the Municipal Code, owners of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may sever and convey, as a separate development right, undeveloped floor area to be developed on a different and non-historic property within the City of Aspen. Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.420.020.C Technical Assistance. 1. Tax credit applications. City Planning Staff shall assist property owners in participating in stat6 and federal rehabilitation tax credit programs by helping with the preparation of application materials, undertaking the necessary reviews to assist in obtaining certification. A twenty (20) percent State Rehabilitation Income Tax Credit may be available for locally designated properties and may be combined with a twenty (20) percent Federal Income Tax Credit which is available for income producing properties listed on the National Register of Historic Places. 2. Community initiated development. The city will consider opportunities to be involved in public-privately funded rehabilitation effbrts, building expansion, or infill projects that demonstrate good historic preservation practices. 3. Building codes. The International Building Code (IBC) provides for flexibility in its application to historic structures. In addition to the IBC, the city has adopted the International Existing Building Code (IEBC) to assist owners in making repairs in a manner that minimizes intrusion into the historic structure. APPROVED by the Commission during a public hearing on [/,- ~o ,2004. APPROVED AS TO FORM: City Attorney ATTEST: t~kie Lothiah, {}eputy City Clerk Planning and Zoning Commission Resolution No. :~, Series of 2004 Page 4 PLANNING AND COMMISSION: ZONING Ja~nY~ne Tygre, Chair